Exam 13: Interrogations, Admissions, and Confessions

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The right to counsel under the Fifth and Sixth Amendments both provide individuals with the right to have legal representation during criminal proceedings, but they have distinct differences and limitations.

The Fifth Amendment provides the right to counsel during custodial interrogations, also known as the Miranda rights. This means that a suspect must be informed of their right to remain silent and their right to an attorney before being questioned by law enforcement. If a suspect invokes their right to counsel, all questioning must cease until their attorney is present. The limitation here is that the right to counsel only applies to custodial interrogations and does not extend to other stages of the criminal process.

On the other hand, the Sixth Amendment provides the right to counsel at all critical stages of a criminal proceeding, including arraignment, trial, and appeal. This means that a defendant has the right to have an attorney present at every stage of the legal process, not just during police interrogations. The limitation here is that the right to counsel under the Sixth Amendment only applies once formal criminal charges have been filed, and it does not extend to pre-arrest or pre-charging stages.

In terms of obtaining statements from a suspect, the distinct limitations placed on each approach are as follows:

Under the Fifth Amendment, if a suspect invokes their right to counsel during a custodial interrogation, law enforcement is prohibited from questioning them further until their attorney is present. Any statements obtained in violation of this right may be deemed inadmissible in court.

Under the Sixth Amendment, once a suspect has been formally charged and has legal representation, all questioning must be conducted in the presence of their attorney. Any attempts to obtain statements from the suspect without their attorney present may also result in the statements being deemed inadmissible in court.

In summary, the Fifth Amendment provides the right to counsel during custodial interrogations, with limitations on questioning without an attorney present, while the Sixth Amendment provides the right to counsel at all critical stages of a criminal proceeding, with limitations on questioning without the presence of an attorney after formal charges have been filed.